The Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008

Made: 4th September 2008

Laid before the Scottish Parliament: 8th September 2008

Coming into force: 1st January 2009

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and all other powers enabling them to do so.

PART 1

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2008.

• (2) These Regulations come into force on 1st January 2009.

• (3) These Regulations extend to Scotland only.

Revocations and savings

2

• (1) Subject to paragraph (2), the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003 and the Action Programme for Nitrate Vulnerable Zones (Scotland) Amendment Regulations 2003 are revoked.

• (2) Paragraph 18 of the Schedule to the Action Programme for Nitrate Vulnerable Zones (Scotland) Regulations 2003 continues to apply until 31st December 2013.

Interpretation

3

• (1) In these Regulations–

• “area of high risk” means land where there is one or more of the following:–– a tendency to flood more often than once in 5 years,– drainage which has been installed in a field within the previous 12 months,– a tendency to being water-logged;

• “catch crop” means a crop which has a short growing period and which is grown in a year between other crops which have a longer growing period;

• “chemical fertiliser” means nitrogen fertiliser which is manufactured by an industrial process;

• “compost” means compost that—complies with Publicly Available Specification PAS 100:2011 (Specification for composted materials) published by the British Standards Institution, anddoes not contain livestock manure;

• “cover crop” means a crop sown primarily for the purpose of taking up nitrogen from the soil and which is not harvested;

• “crop requirement” means the amount of nitrogen fertiliser in kilograms (“kg”) which it is reasonable to apply to land in any year having regard to the foreseeable nitrogen requirement of the crop growing or to be grown on the land and the nitrogen supply to the crop from the soil and from other sources, including any previous applications of livestock and other organic manures;

• “derogated farm” means a farm over which a derogation has been granted;

• “derogation” means a derogation from the annual limit of nitrogen in livestock manure that can be applied to land granted by the Scottish Ministers in accordance with regulations 14, 14A and 14B;

• “derogation application” means an application for a derogation submitted by the occupier of a farm;

• “farm” includes livestock unit;

• “farmyard manure” means livestock excreta mixed with bedding material (such as straw) but does not include poultry manure other than duck manure.

• “fertilisation accounts” means accounts providing such information relating to the management of nitrogen and phosphate inputs during the preceding calendar year as the Scottish Ministers may specify in accordance with regulation 25(3);

• “fertiliser and manure management plan” means a plan drawn up under regulation 5.

• “grassland” means land on which the vegetation consists predominantly of grass species;

• “grassland farm” means a farm where 80% or more of the agricultural area available for manure application is permanent grassland or temporary grassland (temporary implying leys of less than four years), including crops under-sown with grass but excluding grassland with 50% or more clover;

• “grazing livestock” means cattle (with the exclusion of veal calves), sheep, deer, goats and horses;

• “livestock” means any animal kept for use or profit;

• “livestock manure” means waste products excreted by livestock or a mixture of litter and waste products excreted by livestock, even in processed form;

• “nitrate vulnerable zone” means any area of land designated as a nitrate vulnerable zone by regulation 2 of the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2015;

• “nitrogen fertiliser” means any substance containing a nitrogen compound utilised on land to enhance growth of vegetation;

• “organic manure” means–livestock manure; andnitrogen fertiliser, not being livestock manure or chemical fertiliser, derived from organic matter,and includes sewage sludge and other organic wastes;

• “organic manure with high available nitrogen content” means organic manure in which more than 30 per cent (“%”) of the total nitrogen content of the manure will be released in the year in which it is spread on land (such as cattle and pig slurry, poultry manure and liquid digested sludge);

• “phosphate fertiliser” means any substance containing one or more phosphate compounds used on land to enhance growth of vegetation and includes organic manure;

• “poultry manure” means a mixture of excreta produced by poultry and bedding material, unless the contrary is specified;

• “sandy”, in relation to soil, means sandy, sandy loamy and loamy sand soils where in the layer up to 40 centimetres (“cm”) deep and in the layer between 40cm and 80cm deep, there is–more than 50 per cent by weight of sand sized particles (that is particles more than 0.06 millimetres (“mm”) and less than 2mm in diameter);less than 18 per cent by weight of clay sized particles (that is particles less than 0.002mm in diameter); andless than 5 per cent by weight of organic carbon;

• “seasonal let” means either a lease for grazing or mowing as defined in section 3 of the Agricultural Holdings (Scotland) Act 2003 or a short limited duration tenancy as defined in section 4 of that Act for a period of no more than 2 years;

• “shallow”, in relation to soil, means less than 40cm depth to rock;

• “silage effluent” has the meaning given in Part 2 of schedule 3 of the Water Environment (Controlled Activities) (Scotland) Regulations 2011;

• “slurry” means–excreta, including any liquid fraction, produced by livestock whilst in a yard or building; ora mixture consisting wholly of or containing such excreta, bedding, feed residues, rainwater and washings from a building or yard used by livestock, dungsteads or manure heaps, high level slatted buildings and weeping wall structures or any combination of these, provided such excreta is present,of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process;

• “soil nutrient status” means soil acidity and plant available concentrations of phosphorous, potassium and magnesium in the soil;

• “soil type” means the soil types listed in Table 1 of Schedule 3;

• “solid manure” means organic manure which can be stored or stacked in a freestanding heap without slumping and does not produce free drainage of liquid from within the stacked material;

• “surface water” has the same meaning as it has in section 3(3) of the Water Environment and Water Services (Scotland) Act 2003 ;

• “water environment” has the same meaning as it has in section 3(2) of the Water Environment and Water Services (Scotland) Act 2003; and

• “year” means, unless provided otherwise, any period of 12 months ending with 31st December.

• (2) Expressions which are used both in these Regulations and in Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources are to have the same meaning in these Regulations as they have in the Directive.

• (3) For the purposes of these Regulations, material is applied to land where the material is added to the land whether by spreading on the surface of the land, injecting into the land, placing below the surface of the land or mixing with the surface layers of the land, and for the purposes of regulation 14 material deposited by livestock also constitutes material applied to land.

• (4) In relation to a farm only part of which is in a nitrate vulnerable zone, references in these Regulations to a farm (other than references in paragraph (5)) shall be taken as references to that part of the farm which is in the nitrate vulnerable zone.

• (5) Where a seasonal let of part of a farm is granted, the existence of that let shall be disregarded in ascertaining who is the occupier of the farm for the purposes of these Regulations.

PART 2

General application and duties

4

• (1) These Regulations apply to any farm which is in a nitrate vulnerable zone.

• (2) The occupier must ensure that this Part is implemented in relation to such a farm.

Fertiliser and manure management plan

5

• (1) Before 1st March each year, a fertiliser and manure management plan must be prepared in respect of the farm for that year.

• (2) The purpose of the plan is to assess the crop requirement for nitrogen fertiliser for each crop on each field each year and to establish the quantities of livestock manure produced and safe methods of collection, storage and land application.

• (3) A fertiliser and manure management plan must consist of–

• (a) a risk assessment plan in respect of organic manure;

• (b) a calculation of the capacity of storage facilities for livestock manure required on the farm; ...

• (c) a calculation of the quantity of nitrogen fertiliser required in relation to each crop on the farm; and

• (d) in respect of derogated farms, in addition to the requirements of sub-paragraphs (a) to (c)—

• (i) a note of the number of livestock and a description of the housing and storage system that includes the volume of manure storage available;

• (ii) a calculation of manure nitrogen (less losses in housing and storage) and phosphate produced in the farm;

• (iii) a description of the crop rotation and area of each crop, including a sketch map indicating location of individual fields;

• (iv) a calculation of the foreseeable nitrogen and phosphate crop requirements;

• (v) a note of the amount and the type of manure delivered outside the farm or to the farm;

• (vi) the results of soil analysis related to nitrogen and phosphate soil status, if available;

• (vii) a note of the nitrogen and phosphate application from manure over each field; and

• (viii) a calculation of the application of nitrogen and phosphate with chemical and other fertilisers over each field.

• (4) A risk assessment plan must contain a map of the farm, which must clearly show–

• (a) the delineation of every field;

• (b) the area of every field in hectares;

• (c) the location of all surface water, wells and boreholes or similar work sunk into underground strata for the purpose of providing a water supply;

• (d) any area of land with a slope of 12 degrees or more;

• (e) the location of any field heaps; and

• (f) any other area of high risk to the water environment.

• (5) No nitrogen fertiliser is to be applied to any crop in any year prior to the calculation under paragraph (3)(c) being completed for that crop and that year.

• (6) Fertiliser and manure management plans in respect of derogated farms shall be revised no later than 7 days after any changes in agricultural practice at the farm.

Storage of livestock manure

6

• (1) Subject to regulations 7 to 11, the capacity of storage facilities for livestock manure and silage effluent on a farm must be sufficient to store all livestock manure and silage effluent which is likely to require to be stored on the farm for such period as may be required to secure compliance with these Regulations and to avoid pollution of the water environment.

• (2) Storage facilities for livestock manure and silage effluent must—

• (a) be maintained free from structural defects; and

• (b) be of such standard as is necessary to prevent run off or seepage, directly or indirectly, to the soil or into the water environment.

Storage of slurry from housed pigs and housed cattle and manure from housed poultry

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• (1) A farm must have capacity to store the total quantity of slurry likely to be produced by housed pigs or housed cattle and manure from housed poultry calculated by adding up the total figures produced for each type of livestock, in accordance with paragraph (2).

• (2) The quantity referred to in paragraph (1) shall be calculated–

• (a) in the case of slurry produced by housed pigs, by adding the totals for each type of housed pig on the farm, in accordance with the following formula–

$$X×Y×182$where–X represents the number of pigs by type on the farm (but excluding pigs housed in a straw bedded system), andY represents the daily excreta figure per pig of that type set out in column 2 of table 1 in Schedule 1; and$

• (b) in the case of slurry produced by housed cattle, by adding the totals for each type of housed cattle on the farm, in accordance with the following formula–

$$A×B×154$where–A represents the number of cattle by type that are housed in a slurry based system on the farm (but excluding cattle housed in a straw bedded system), andB represents the daily excreta figure per head of cattle set out in column 2 of table 1 in Schedule 1; and$

• (c) in the case of manure produced by housed poultry, by adding the totals for each type of housed poultry on the farm, in accordance with the following formula–

$$X×Y×182$where–X represents the number of housed poultry by type on the farm, andY represents the daily excreta figure per head of that type of housed poultry set out in column 2 of table 1 in Schedule 1.$

• (3) In calculating the minimum capacity of storage facilities necessary to comply with paragraph (1) the following figures shall be included:–

• (a) for rainfall, the quantity of any rainfall that is likely to enter storage facilities (directly or indirectly) during collection or storage;

• (b) for cleaning water, the quantity of any cleaning water that is likely to enter storage facilities, using the relevant figures set out in columns 3 and 4 of the table in Schedule 2, unless a lesser amount can be shown to apply.

• (4) In calculating the minimum capacity of storage facilities for poultry manure under this regulation, a deduction may be made for any such manure stored or to be stored in any field heap under regulation 10.

• (5) In every case where slurry or manure is produced and stored on the farm, a calculation under paragraph (2) must be made, notwithstanding any exemption to paragraph (1) claimed under regulation 11.

Exclusions from storage capacity

8

In calculating the quantity of livestock manure for the purposes of regulations 6 and 7 the following may be disregarded–

• (a) any solids to be removed from slurry, other than pig slurry, by means of a slurry separator, up to a maximum of 20% of the total slurry produced;

• (b) any solids to be removed from pig slurry, by means of a slurry separator, up to a maximum of 10% of the total slurry produced;

• (c) any quantity of livestock manure to be moved off the farm;

• (d) any quantity of livestock manure to be transferred to a person authorised by permit or registration under the Environmental Authorisations (Scotland) Regulations 2018 to collect, recover or dispose of manure;

• (e) any quantity of livestock manure to be disposed of under contract to a manure processing facility or to an approved treatment or recovery outlet.

Storage of solid manure

9

Subject to regulation 10 the storage of livestock manure (other than slurry) must–

• (a) be only on an impermeable surface which prevents drainage to the water environment; and

• (b) either–

• (i) be covered by a waterproof covering; or

• (ii) have a run-off facility with a means of collecting, storing and recovering run-off water and particulate matter.

Temporary storage of solid manure

10

• (1) Solid manure may be temporarily stored on land otherwise than in accordance with regulation 9 immediately prior to being applied to land but must not be stored–

• (a) in any field heap for more than 12 consecutive months; or

• (b) on the site of any previous field heap unless at least 24 months have passed since the site was last cleared.

• (2) No field heap may be located—

• (a) within 10 metres of any body of surface water;

• (b) within 50 metres of any well, borehole or similar work sunk into underground strata for the purpose of providing a water supply;

• (c) on any area of land that—

• (i) slopes down toward a body of surface water; and

• (ii) has a slope of 12 degrees or more;

• (d) in any area identified on the risk assessment map prepared under regulation 5(4) as being of high risk to the water environment; or

• (e) in any other location where there is a significant risk of nitrogen from the field heap entering a body of surface water.

• (3) Any solid poultry manure that is not mixed with bedding material stored under this regulation must be covered by a waterproof covering.

Exemptions from regulations 6(1), 7(1) and 20

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• (1) Subject to the provisions of this regulation–

• (a) regulations 6(1) and 7(1) do not apply where the storage capacity on a farm on 1st January 2009 is not sufficient to allow compliance with those regulations; and

• (b) regulation 20 does not apply where the storage capacity on a farm on that date means that some or all of the slurry collected on the farm can only be applied to land on the farm in contravention of that regulation, due to it not being reasonably practicable for that slurry to be removed from the farm.

• (2) Exemption under sub-paragraph (a) of paragraph (1) lasts until whichever is the earlier of–

• (a) the capacity becoming sufficient to allow compliance with regulations 6(1) and 7(1);

• (b) 1st January 2012.

• (3) Exemption under sub-paragraph (b) of paragraph (1) lasts until whichever is the earlier of–